§ 464.110. Enforcement procedures—Nonconforming newsracks.

(a) Any newsrack found installed in violation of the provisions of this chapter may be tagged with a notice of violation stating the violation, date of tagging, and notice of intention to remove the newsrack if the violation is not corrected within ten (10) days and specifying the procedure for obtaining a hearing and opportunity to be heard regarding the violation using the procedures set out in section 464.70. The director shall also provide notice to the owner or responsible person thereof by sending a copy of the notice of violation to the person listed in the master list, if any, pursuant to section 464.40, or to the person listed on the notice affixed to the newsrack as required by section 464.90.

(b)

The director may, as an alternative to tagging, have such newsrack(s) realigned or otherwise repositioned in order to restore them to a legal condition.

(c)

Any newsrack which has been tagged and remains in violation of the provisions stated on the tag past the ten-day correction period, and for which no appeal has been requested pursuant to section 464.70 during that ten-day correction period, shall be removed and stored in a secure location.

(1)

The director shall provide notice to the owner or responsible person thereof by sending a notice of removal to the person listed in the master list, if any, pursuant to section 464.40 or to the person listed on the notice affixed to the newsrack as required by section 464.90. Such notice shall state the date the newsrack was removed, the reasons therefore, and the procedure for obtaining a post-removal hearing and opportunity to be heard regarding the removal using the appeal procedures set out in section 464.70.

(2)

Any such newsrack removed and stored pursuant to these provisions shall be released to the owner or responsible person thereof if claimed within sixty (60) days after such removal and upon the payment of reasonable charges of removal and storage. Upon failure of the owner or responsible person to claim such newsrack and pay the reasonable charges within sixty (60) days after the mailing of written notice of removal, such newsrack shall be deemed to be unclaimed or abandoned property and may be disposed of pursuant to provisions outlined in section 427.100 of the Minneapolis Code of Ordinances relating to disposition of property found in streets or as otherwise provided for unclaimed or abandoned property but without the requirement of further hearings or notices.

(d)

Any newsrack in violation of the provisions of this chapter, which violation creates an immediate and substantial danger to the health, safety or welfare of the public, which violation cannot be quickly and easily corrected by moving or otherwise repositioning the newsrack, may be summarily removed and stored in a secure location so as to eliminate the danger to the health, safety and welfare of the public. The director shall promptly provide notice to the owner or responsible person as otherwise outlined in this section and allow for a post-deprivation hearing. (2008-Or-104, § 1, 12-12-08)